Monterey College of Law student court takes on real issues

The Monterey College of Law will host its 27th Heisler Moot Court on Friday, a free and open event where four students will present mock arguments about potential future civil rights issues to a panel of jurists.

The evening, titled "Stealing the Truth," will touch upon "state secret" issues such as leaking, whistleblowing, encryptions and the law. The panel will discuss government cover-ups such as the Pentagon Papers in the 1970s and Edward Snowden's recent disclosure of classified NSA practices.

Mitchel Winick, dean and president of the school, said that while students will be arguing fake cases, they apply real laws to see how they would pan out if they were argued in court.

One of the most fascinating cases, Winick said, was from a few years ago when students argued owners of assault rifles should be legally required to obtain a chip inscribed with their weapon's registration code and embed it in their arms. If the weapon was misused, Winick said, authorities could easily home in on the owner.

"The topics can be a little outrageous, which really gets people thinking about these issues," Winick said. "The goal is to make us think about the limits of our rights as Americans."

The event was conceived after celebrated civil rights lawyer Francis Heisler died in 1984. Donations flooded the Monterey County Chapter of the ACLU, where Heisler volunteered as an attorney and member of the Board of Directors. In keeping with Heisler's legacy of service in civil liberties, then-Monterey College of Law dean Marian Penn, along with ACLU board members, diverted the funds to assist law school students. The Heisler Moot Court was born.

For the past 27 years, Michael Stamp, Heisler Moot Court director and law school professor, has collaborated with Joel Franklin, a professor, to identify what will be cutting-edge law in the near future to inform the theme of the event.

Winick said the topics they choose end up as Supreme Court cases three, four or even five years down the road.

All law school students were required to present oral arguments in front of local judges and the best four were chosen to participate in the debates. The students this year are Sushila Commons, Rachael Mache, Michael Sampson and Dorothy Thompson.

The panel of jurists includes Associate Justice Maria Rivera of the Court of Appeal First District, San Francisco; Associate Justice Adrienne Grover of the Court of Appeals Sixth District, San Jose; and retired Monterey County Superior Court Judge Richard Silver.

Winick said that while most law schools hold the events as closed competitions open only to faculty and students, the Monterey College of Law has encouraged public attendance at the event since its inception.

"We hope that it will light a fire in high school and college students who want to practice law," said Winick.